The Steps of a Personal Injury Case

Jun 22, 2017

The Steps of a Personal Injury Case

Posted By
Fitzpatrick Mariano Santos Sousa P.C.

When we’re contacted by someone who has been injured and is considering
retaining our counsel for filing a lawsuit, we often receive a number
of common questions. These questions are often centered around what someone
can expect on the road ahead, how much their case is worth, and perhaps
most common, how long until they’ll get paid. While we’d love
to be able to answer those questions with guarantees as quickly as possible,
the truth is there’s no way we can give a definitive answer from
just an initial case evaluation. However, by learning more about the lawsuit
process, you can get a better picture of what to expect on the journey ahead.

Let’s take a closer look at the lawsuit process. Keep in mind that
your actual case may vary from this procedure considerably based on the
circumstances of your injury, evidence, and countless other factors.

1. Consultation with an Attorney

If you’re coming to an attorney, you’re already at the first
step of the process. Speaking with a lawyer about your case for the first
time is the first step towards obtaining compensation. Your initial consultation
will consist of you discussing what happened, the pain you’re experiencing,
and several other things with your lawyer, and they’ll give you
their opinion on what kind of a strategy to use, what kind of settlement
to pursue, and more. It’s not necessarily a bad idea to obtain a
consultation from a few different lawyers so you can pick one who you
feel is right for you. This is important because you’ll be discussing
some deeply personal subjects with your lawyer throughout this process.

You should also use this time to find out more about an attorney and their
business before signing a retainer contract; feel free to ask them about
their fee structure, their experience with cases dealing with your type
of injury (i.e. head injuries, car accidents, etc.), and more. Not only
is it perfectly acceptable to ask your attorney about these things, but
they’ll usually love the chance to tell you about the successes
they’ve had in the past.

2. Investigation of your Injury

When you do decided on an attorney and sign a contract with them, they’ll
fully investigate your claim, including evidence like the police report
(if one exists), the accident scene itself, photographs from the accident
scene, medical records, and much, much more. They’ll work with experts
to reconstruct the accident, obtain as much evidence as possible, and
try to do everything in their power to recreate an accurate picture of
the accident scene in order to show how the accident could have been prevented,
thus making you entitled to compensation for your losses. This will paint
an accurate picture of the situation you are in now, how you got there,
and how it should be resolved.

3. Sending an Initial Demand Letter

Once your attorney has accurately determined the value of your case through
a thorough investigation, they’ll help you formulate a demand letter
which you’ll submit to the other party’s insurance company.
The demand will include things like your medical bills, lost income, pain
and suffering, property damages, loss of life’s enjoyment, and even
possibly your future medical expenses if you’re going to need ongoing
treatment for your injuries.

Don’t be surprised if this initial demand is rejected. That’s
perfectly normal. Insurance companies don’t want to pay a penny
more than they have to, and they’ll often reject your first demand
in order to try to bring the total dollar amount down and save money.

4. Filing a Lawsuit

If your case can’t be settled through the demand and counter-offer
method, you may want to file a lawsuit seeking compensation. Your attorney
will advise you when this is the prudent course to take. If there’s
any chance at all you can resolve your case out of court, then you should
try to avoid it, since adding a judge and jury to the process can also add risk.

5. Discovery

This is a process that takes place before a trial in which both parties
obtain evidence from the other in order to evaluate and fully understand
the other side’s arguments. This is critical for helping you formulate
a better strategy for when the case goes to trial.

6. Mediation

Before the trial begins, a mediator may oversee discussions between both
parties in an attempt to avoid trial. Mediation is a method of negotiation
that is overseen by a mediator, usually a current or former judge, which
brings both parties together in an attempt to resolve the case before
going to court. If you can reach a settlement through mediation, then
your case ends and you’ll receive the amount you have agreed upon,
which avoids the hassle and risk or a trial.

7. Trial & Verdict

If mediation fails, you’ll have to proceed to trial. You’ll
plead your case before a judge and possibly a jury as well. You will serve
as the plaintiff, while the other party and their insurance company will
be the defendants. Through this trial, you and your attorney will plead
your case, present your arguments, examine witnesses, present evidence,
and more. The other party will be given the opportunity to do the same.
It’s not common for personal injury cases to go this far, but it’s
important that you retain an attorney who is willing to go this far to
defend and protect your rights, and takes your case with the knowledge
and assumption that it could go all the way to a full trial.

At the end of your trial, your case will be given a verdict. If the jury
or judge rules in your favor, they’ll order the other party to pay
a particular amount, which may be the amount you demanded, maybe more,
but it could be less. This is where the risk comes in during a trial:
you could be awarded far less than you initially demanded, even to the
point where you’re not even getting enough to cover your portion
of the fault.

8. Appeal

The losing party in a trial will be given the opportunity to appeal. The
appellate courts function differently from general courts, so it’s
important to have an attorney on your side who’s familiar with this process.

If you have been injured and need legal help protecting your rights, let
the team at Fitzpatrick Mariano Santos Sousa, P.C. help you protect your rights!
Contact us today at 203.583.8299 for a free consultation.